The Justice Department (DOJ) wrote in a filing Friday that it would not defend ObamaCare's protections for people with pre-existing conditions, siding in large part with a challenge to the law brought by a coalition of Republican-led states.

ADVERTISEMENT

The states, and the DOJ, argue that Congress's repeal of the tax penalty associated with ObamaCare's individual mandate makes the law's protections for people with pre-existing conditions unconstitutional.

Alexander said it wasn't the intent to take away protections for people with pre-existing conditions when the mandate penalty was repealed late last year.

“There’s no way Congress is going to repeal protections for people with pre-existing conditions who want to buy health insurance. The Justice Department argument in the Texas case is as far-fetched as any I’ve ever heard," Alexander said in a statement late Tuesday evening.

"Congress specifically repealed the individual mandate penalty, but I didn’t hear a single senator say that they also thought they were repealing protections for people with pre-existing conditions."